Sree Mulayankavu Bhagavathy ... vs The District Collector
2021 Latest Caselaw 7034 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                            &

     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                WP(C).No.25916 OF 2020(L)


PETITIONER/S:

           SREE MULAYANKAVU BHAGAVATHY DEVASWOM
           REPRESENTED BY THE EXECUTIVE OFFICER,
           AKHILESH ARAVIND, AGED 28 YEARS,
           S/O ARAVINDAN, MULAYANKAVU (PO),
           PALAKKAD DISTRICT, PIN-679337.

           BY ADV. SRI.K.RAVI (PARIYARATH)

RESPONDENT/S:

     1     THE DISTRICT COLLECTOR
           PALAKKAD,CIVIL STATION, PALAKKAD, PIN-678001.

     2     TAHSILDAR, TALUK OFFICE OTTAPALAM
           PALAKKAD DISTRTICT, PIN-679101.

     3     THE TAHSILDAR
           TALUK OFFICE PATTAMBI, GROUND FLOOR, MINI
           CIVIL STATION, RAILWAY, STATION ROAD,
           PATTAMBI,
           PALAKKAD DISTRICT, PIN-679303.

     4     THE VILLAGE OFFICER
           KULUKKALLUR VILLAGE, PATAMBI TALUK,
           PALAKKAD DISTRICT, PIN-679337.

     5     THE COMMISSIONER
           MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX,
           ERANJIPALAM (PO), KOZHIKODE, PIN-673006.
                                    -2-
W.P.(C). No. 25916 of 2020



         6         THE ASSISTANT COMMISSIONER
                   MALABAR DEVASWOM BOARD, KENATHUPARAMBU,
                   KUNATHURAMEDU, CIVIL STATION PALAKKAD,
                   PIN-678013.


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                           -3-
W.P.(C). No. 25916 of 2020



                             C.T.RAVIKUMAR &
                         MURALI PURUSHOTHAMAN, JJ.
                        ===========================================================================

                                  W.P.(C) No.25916 of 2020
                         =======================================================================

                     Dated this the 1st day of February, 2021

                                                JUDGMENT

Murlai Purushothaman, J.

The writ petition is filed seeking for direction to respondents 1

to 3 to complete the Survey Proceedings with respect to Sree Mulayan

Kavu Devaswom land, situated in Survey No.133/5, 143/1 (Old Survey

No.246/4A, 3V, 252/9V,8) of Kulukkallur Village.

2. In the affidavit filed in support of I.A. No.1 of 2021 to

receive additional document, the petitioner has stated that during

the pendency of this writ petition, the 3 rd respondent completed the

Survey of Sree Mulayan Kavu Devaswom land and furnished Ext.P10

letter and sketch pointing out certain encroachments on Sree

Mulayan Kavu Devaswom land.

3. Ext.P8 is the representation submitted by the petitioner

before the 1st respondent District Collector seeking necessary steps to

remove the encroachments on the land belonging to Sree Mulayan

Kavu Bhagavathy Devaswom.

There will be a direction to the 1st respondent District Collector

W.P.(C). No. 25916 of 2020

to consider Ext.P8 representation submitted by the petitioner and to

take appropriate steps in the light of Ext.P10 and in terms of the

provisions of the Survey and Boundaries Act, within a period of six

months, with notice to all the affected parties. It is made clear that

this Court has not entered into any finding touching the merits, on

the allegation of encroachment on the land and it is for the 1 st

respondent to consider and decide the same in accordance with law

and to take necessary further steps.

Sd/-

C.T.RAVIKUMAR Judge

sd/-

MURALI PURUSHOTHAMAN Judge

das

W.P.(C). No. 25916 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 2ND RESPONDENT SEEKING IDENTIFICATION OF THE DEVASWOM PROPERTIES, DATED 02.06.10.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 5TH RESPONDENT, APPRISING HIM ABOUT THE PLIGHT OF DEVAWWOM LANDS DATED 24.06.10.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER SEEKING FIXATION OF BOUNDARIES OF THE DEVASWOM LAND, TO THE 3RD RESPONDENT DATED 26/09/14.

EXHIBIT P4 A TRUE COPY OF THE REMINDER TO THE 3RD RESPONDENT, SEEKING MEASUREMENT OF DEVASWOM LAND AND RE FIXATION OF ITS BOUNDARIES, DATED 28/12/14.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SEEKING SURVEYING OF THE DEVASWOM LAND AND RE-FIXATION OF ITS BOUNDARIES IN FORM NO 10 OF SURVEY MANUEL III, DATED 06.01.15.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 3RD RESPONDENT SEEKING FURNISHING OF COPY OF THE SURVEY RECORDS, DATED 25/09/15.

EXHIBIT P7 A TRUE COPY OF COMMUNICATION SEND BY THE PETITIONER TO THE 3RD RESPONDENT SEEKING FURNISHING OF THE SURVEY DETAILS DATED 22.01.20.

W.P.(C). No. 25916 of 2020

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 1ST RESPONDENT SEEKING ACTION ON THE SURVEY PROCEEDINGS, DTED 13.02.20.

EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DIRECTING TO COMPLETE THE SURVEY PROCEEDINGS, DATED 12.03.20.

EXHIBIT P10 TRUE COPY OF THE LETTER INTIMATING THE PETITIONER ABOUT THE COMPLETION OF SURVEY OF SREE MULAYAN KAVU DEVASWOM LAND AND FIXATION OF ITS BOUNDARY, ALONG WITH A SKETCH POINTING OUT ENCROACHMENT AT THE INSTANCE OF THE 3RD RESPONDENT DATED 11.01.2020.